Friday, April 10, 2009

When a labor fronted group called FamiliesUSA puts out a press release, the MSM all line up, and what you get was over 200 almost identical headlines around the country. Doug Ross' outstanding breakdown includes bits like "Obama promised FamiliesUSA that he would implement universal healthcare by the end of his first term," and and actual, factual, census backed breakdown of healthcare in America.

It's a great expose, but I bet it won't be picked up by over 200 newspapers around the country.

Well, I'm sure they're glad Obama is in now, and he's putting the 4th Amendment first in all his policies, especially when it comes to the the (now unmentionable) War on Terror.

What? He's not?

Friday evening, in a motion to dismiss Jewel v. NSA, EFF's litigation against the National Security Agency for the warrantless wiretapping of countless Americans, the Obama Administration's made two deeply troubling arguments.

First, they argued, exactly as the Bush Administration did on countless occasions, that the state secrets privilege requires the court to dismiss the issue out of hand. They argue that simply allowing the case to continue "would cause exceptionally grave harm to national security." As in the past, this is a blatant ploy to dismiss the litigation without allowing the courts to consider the evidence....

Sad as that is, it's the Department Of Justice's second argument that is the most pernicious. The DOJ claims that the U.S. Government is completely immune from litigation for illegal spying — that the Government can never be sued for surveillance that violates federal privacy statutes.

This is a radical assertion that is utterly unprecedented. No one — not the White House, not the Justice Department, not any member of Congress, and not the Bush Administration — has ever interpreted the law this way.

So, Bush's DOJ used the phrase "state secrets" a lot, but Obama's DOJ says that not only are state secrets at risk if the government is sued, but that they are completely immune from suit for violating federal privacy laws.

From the Salon op-ed:

When Congress immunized telecoms last August for their illegal participation in Bush's warrantless eavesdropping program, Senate Democratic apologists for telecom immunity repeatedly justified that action by pointing out that Bush officials who broke the law were not immunized -- only the telecoms. Here, for instance, is how Sen. Jay Rockefeller justified telecom immunity in a Washington Post Op-Ed:

Second, lawsuits against the government can go forward. There is little doubt that the government was operating in, at best, a legal gray area. If administration officials abused their power or improperly violated the privacy of innocent people, they must be held accountable. That is exactly why we rejected the White House's year-long push for blanket immunity covering government officials.

Taking them at their word, EFF -- which was the lead counsel in the lawsuits against the telecoms -- thereafter filed suit, in October, 2008, against the Bush administration and various Bush officials for illegally spying on the communications of Americans. They were seeking to make good on the promise made by Congressional Democrats: namely, that even though lawsuits against telecoms for illegal spying will not be allowed any longer, government officials who broke the law can still be held accountable.

But now, it's different. Obama is in power and we can't have any piddly little lawsuits jeopardizing state secrets, now can we?

But late Friday afternoon, the Obama DOJ filed the government's first response to EFF's lawsuit (.pdf), the first of its kind to seek damages against government officials under FISA, the Wiretap Act and other statutes, arising out of Bush's NSA program. But the Obama DOJ demanded dismissal of the entire lawsuit based on (1) its Bush-mimicking claim that the "state secrets" privilege bars any lawsuits against the Bush administration for illegal spying, and (2) a brand new "sovereign immunity" claim of breathtaking scope -- never before advanced even by the Bush administration -- that the Patriot Act bars any lawsuits of any kind for illegal government surveillance unless there is "willful disclosure" of the illegally intercepted communications.

In other words, beyond even the outrageously broad "state secrets" privilege invented by the Bush administration and now embraced fully by the Obama administration, the Obama DOJ has now invented a brand new claim of government immunity, one which literally asserts that the U.S. Government is free to intercept all of your communications (calls, emails and the like) and -- even if what they're doing is blatantly illegal and they know it's illegal -- you are barred from suing them unless they "willfully disclose" to the public what they have learned.

So the Bush administration violated the 4th Amendment with the FISA warrantless wiretaps, which was bad, and now Obama is saying that the government is immune from prosecution. Change. It's a wonderful thing. I'm waiting for the Dems to start explaining why this is ok when it was evil before. You know, not even the HuffPo has touched this one.

So when Salon.com says something like this:

It is hard to overstate how extremist is the "sovereign immunity" argument which the Obama DOJ invented here in order to get rid of this lawsuit. I confirmed with both ACLU and EFF lawyers involved in numerous prior surveillance cases with the Bush administration that the Bush DOJ had never previously argued in any context that the Patriot Act bars all causes of action for any illegal surveillance in the absence of "willful disclosure." This is a brand new, extraordinarily broad claim of government immunity made for the first time ever by the Obama DOJ -- all in service of blocking EFF's lawsuit against Bush officials for illegal spying.

The veto threat from the President [Bush] is so unbelievably corrupt and manipulative that if our national press had even the smallest amount of critical faculties and understanding of the issues, that veto threat would be a major story. After all, how can the President possibly threaten the country that he will veto a law that he himself has claimed for months is indispensable for Protecting Us All?

you know it has to be bad.

Man, I'm glad that Obama is bringing back the personal privacy that the evil Bush took away.

Jesus, ol' W has to be kicking back on his porch down in Texas and laughing. I know I'd laugh, but I'm too busy canceling my home phone.

Sunday, April 5, 2009

Simon Jester. A symbol, since “The Moon is a Harsh Mistress” by Robert A. Heinlein was published in 1966, of dissent against authority. Let the press, and the government, and your neighbors know that you are paying attention to what the Federal government is trying to do. Let someone ask you what that little devil underneath the word “Citizen” across your chest means and then explain it to them. Explain to the one pool reporter who shows up at the next Tea Party that you and Simon have your eyes open and are watching as the government tries to control your life. Explain to your pastor, or your waitress, or your barista at Starbucks, that our government is power hungry and that you and others like you are trying to be heard.

Is Barack proud of you?

On Sheepdogs

It is denial that turns people into sheep. Sheep are psychologically destroyed by combat because their only defense is denial, which is counterproductive and destructive, resulting in fear, helplessness and horror when the wolf shows up.

Denial kills you twice. It kills you once, at your moment of truth when you are not physically prepared: you didn't bring your gun, you didn't train. Your only defense was wishful thinking. Hope is not a strategy. Denial kills you a second time because even if you do physically survive, you are psychologically shattered by your fear helplessness and horror at your moment of truth.

From the book, On Combat, by Lt. Col. Dave Grossman

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